This bill amends the authority of the zoning board of adjustment regarding variance requests by clarifying the criteria under which a variance may be granted. Specifically, it repeals and reenacts RSA 674:33, I, which outlines the powers of the zoning board. The new language specifies that a variance can be authorized if it does not contradict public interest, adheres to the spirit of the ordinance, ensures substantial justice, does not diminish surrounding property values, and does not impose an unreasonable restriction on property use. The bill introduces a definition of "unreasonable restriction," indicating that it applies when special conditions of the property distinguish it from others, either by making the proposed use reasonable or by rendering strict compliance with the ordinance impractical.
Additionally, the bill mandates that the zoning board must use a consistent voting method for all applications until a formal change is voted on, with any new method taking effect only 60 days after the vote and applying prospectively. This change aims to enhance the clarity and consistency of the zoning board's decision-making process. The act will take effect 60 days after its passage.